Section 388. Guardian ad litem  


Latest version.
  • In any proceeding to register title, the
      court may make an order appointing a disinterested attorney, other  than
      the  official  examiner  of  title  by  whom  the title was examined and
      reported and certified, to act  as  guardian  ad  litem  for  all  minor
      persons  and  for  all  persons  under other disability appearing by the
      petition or by the official examiner's report of title to have interests
      adverse to those of the petitioner.  The petition for the appointment of
      said guardian ad litem may be made by the petitioner  ex  parte  at  any
      time  during  the pendency of the proceeding. The guardian ad litem thus
      appointed upon the application of the petitioner  may  be  the  attorney
      general  of  the  state of New York, unless it appears to the court that
      the state of New York has or claims some interest adverse to that of the
      person or persons for whom the attorney general would thus be  appointed
      guardian  ad  litem.  The  question  as to the existence of such adverse
      claim or interest shall be for the court; and an  order  appointing  the
      attorney  general  as  such  guardian ad litem shall be sufficient proof
      that no such adverse claim or interest exists. Such an  order  shall  be
      conclusive  as  a  matter  of law after thirty days from the time when a
      certified copy of the final order or judgment  of  registration  in  the
      proceeding  is  filed  in  the  office of the registrar of the county in
      which the property is situated. It shall be the duty of such guardian ad
      litem actively to ascertain and protect as is reasonably  possible,  the
      interest  of  all  minor parties to the proceeding and all other parties
      under disability. The compensation of such guardian shall be one hundred
      dollars, unless the court directs otherwise; but  the  attorney  general
      shall not receive any compensation for acting as such guardian ad litem.
      No  issue  requiring a trial shall be raised by the answer of a guardian
      ad litem of any minor party or party under other  disability  unless  it
      shall  affirmatively  appear  by  the  official  examiner's report or by
      answer of the guardian ad litem that such minor  party  or  party  under
      other disability has an interest adverse to the title or interest sought
      to be registered.